| 00:00:00 | Ers,
who also happened to be orange county's assistant
sheriff.
|
| 00:00:06 | The evidence was hard to refute.
|
| 00:00:08 | It all played out on a videotape made by
the boys themselves,
but as bill lagattuta discovered,
for some, guilt or innocence was all in the
eye of the beholder.
|
| 00:00:58 | Aah!
|
| 00:01:01 | I was just an ordinary, average kid --
go to school, get work done, and hang out
with my friends.
|
| 00:01:06 | Skateboard and express myself in a different
way.
|
| 00:01:10 | Lagattuta: This is 17-year-old greg haidl,
who gets to live part of his life
in newport beach, orange county, california
--
..
|
| 00:01:21 | Part paradise.
|
| 00:01:23 | And as proof he's an ordinarycaliforniakid,
greg likes making movies.
|
| 00:01:28 | Greg: I do want to get a career in filmmaking
when I'm older.
|
| 00:01:33 | [ Engine turns over ]
Lagattuta: The camera and all the toys
are provided by greg's father, don haidl.
|
| 00:01:41 | Got lucky. it's a pretty day out, huh?
|
| 00:01:43 | Don haidl owns a very nice house on a hill
near the beach,
which is where greg hangs out when he's in
orange county.
|
| 00:01:51 | Where you at on that?
|
| 00:01:51 | Don is 53, a high-school dropout, and a millionaire.
|
| 00:01:56 | [ Man auctioneering indistinctly ]
he made his fortune selling used cars to
other wealthy people.
|
| 00:02:07 | Haidl's was one of the most successful
luxury-auction businesses in the country.
|
| 00:02:12 | Go!
|
| 00:02:13 | Lagattuta: He is divorced from greg's mother,
which explains why greg spends
only part of his time at the beach.
|
| 00:02:19 | What kind of guy is he?
|
| 00:02:20 | He's just an average teenage kid --
very sensitive, very emotional.
|
| 00:02:26 | Just a good, sensitive kid.
|
| 00:02:32 | Lagattuta: Gail haidl is don's ex-wife, greg's
mother,
and this is where she's lived with her son
the rest of the week, san bernardino county,
a long freeway ride from the glamours of
newport beach --
middle-class america, where gail haidl says
her son learned good old-fashioned values.
|
| 00:02:54 | Gail: We've talked about sex.
|
| 00:02:56 | We've talked about drinking,
about respecting other people and their rights.
|
| 00:03:00 | So you believe he had a good moral compass?
|
| 00:03:03 | Yes, I do.
|
| 00:03:03 | Lagattuta: Greg's sense of morality
..
|
| 00:03:08 | No, leave the camera on.
|
| 00:03:09 | ...Using the camera his father gave him.
|
| 00:03:11 | But long before a certain infamous videotape
was made,
greg had other films to his credit --
nothing award-winning,
mostly horseplay with friends like kyle nachreiner.
|
| 00:03:26 | Oh, kyle.
|
| 00:03:26 | Kyle nachreiner also lives in san bernardino,
splitting time between his separated parents.
|
| 00:03:32 | His mother, julie, is his biggest fan.
|
| 00:03:35 | I don't think I missed a game,
whether it was little league or high school.
|
| 00:03:41 | He was 5, and he played t-ball,
and his coach asked him to sign a ball at
the end of the season
because he said, "you're gonna be in the
pros one day,
"
Lagattuta: And then there's greg's other
good friend,
..
|
| 00:03:58 | [ Engine revving ]
...also from san bernardino.
|
| 00:04:03 | His passion is testing his limits at 70 miles
an hour.
|
| 00:04:07 | Keith's never really known his father
and was raised by his grandmother
and mom, jennifer, to whom he is devotefe
Jennifer: He gets razzed by all of his friends,
"
"
I mean, he's a good kid.
|
| 00:04:22 | Lagattuta: All three boys had parents who
split up,
and all three boys share at least one teenage
obsession,
an interest in sex.
|
| 00:04:32 | To hear greg tell it, sex is everywhere.
|
| 00:04:38 | You open a newspaper or a magazine, it's
what?
|
| 00:04:41 | A girl standing there half-naked,
if -- more than half-naked.
|
| 00:04:45 | You turn on the tv, same thing.
|
| 00:04:52 | ..
|
| 00:04:58 | ...'Cause sex sells.
|
| 00:05:02 | And what kind of message
do you think that sends to kids your age?
|
| 00:05:05 | That it's all right to do these types of
things.
|
| 00:05:08 | It's all right to participate in sex.
|
| 00:05:10 | It's okay to have sex and even kinky sex.
|
| 00:05:14 | Vanessa: Everybody is in competition with
each other.
|
| 00:05:17 | You know, who's the prettiest girl?
|
| 00:05:19 | who drives
the best cars?
|
| 00:05:23 | Lagattuta:..
|
| 00:05:25 | ..
|
| 00:05:26 | And jenna, who also know greg haidl
as the boy wone foot in the world of wealth
and privilege.
|
| 00:05:32 | Where you guys going?
|
| 00:05:32 | They say they're not promiscuous at all.
|
| 00:05:35 | Can't go to a club dressed like that.
|
| 00:05:38 | Why?
|
| 00:05:39 | Lagattuta: But they do admit
their life in the suburbs is a bit dull.
|
| 00:05:46 | And this night, like many others,
they'd much rather be in a place like newport
beach,
if only they were invited.
|
| 00:05:53 | Too young for bars or fancy clubs,
the in place to be is a good house party,
especially in a big, glamorous house,
like the one don haidl owns,
where the parents don't monitor every move
the kids make.
|
| 00:06:06 | Most girls, you know, we go to parties.
|
| 00:06:08 | Girls are getting drunk, hooking up with
whoever.
|
| 00:06:11 | And then in the morning, it's like, "oh,
..
|
| 00:06:14 | When you say you go to these parties
and you see these people hooking up, what
are you saying?
|
| 00:06:19 | Hooking up could be from kissing to having
sex.
|
| 00:06:22 | Are there gonna be parents out there
who are shocked at how the kids are acting?
|
| 00:06:26 | Parents don't exactly know what is going
on
when their kids leave the house.
|
| 00:06:31 | [ Fireworks exploding ]
on july 4, 2002, greg haidl would, in fact,
invite some of his friends from san bernardino
to his dad's newport beach house.
|
| 00:06:43 | We just went in, and they were, like, playing
pool.
|
| 00:06:47 | We were just, you know, hanging out and stuff,
and then everyone started drinking.
|
| 00:06:53 | And greg, he had a pool in his backyard that
was heated,
we want
to go in,"
'cause they were, like, lighting fireworks
and stuff.
|
| 00:07:08 | We said, "okay, we're going to bed.
|
| 00:07:09 | Everybody's gonna be out of here pretty quick,
"
we're just wrapping it
"
Lagattuta: Don haidl went to bed,
but the party out here by his pool
would continue deep into the night.
|
| 00:07:20 | And greg haidl and his friendswould soon
be involved
in something they would regret.
|
| 00:07:26 | It had nothing to do withmelissa and jenna
who were here
but, rather, another girl who had come along
with them,
a new girl -- someone keith had been dating
casually
and the other boys were just getting to know.
|
| 00:07:40 | I think she was, like, one of our first friends
where we were kind of like, "wow, she's different
"
what is she like with regard to boys?
|
| 00:07:47 | Very flirtatious, you know.
|
| 00:07:49 | She kind of crossed the line at certain points,
like, with certain people.
|
| 00:07:55 | On this night, at least according to greg's
friends,
the new girl definitely crossed the line.
|
| 00:08:01 | She ends up getting, like, completely naked,
and then kyle is, too.
|
| 00:08:04 | And so they're at the edge of the pool, like,
on the step.
|
| 00:08:08 | And then they start having sex.
|
| 00:08:10 | Greg: I had sex with her about five hours
later.
|
| 00:08:13 | And about 20 minutes after that, keith had
sex with her --
all within a 5-hour time span.
|
| 00:08:20 | Lagattuta: Greg's father, don, had no idea
what had gone on.
|
| 00:08:23 | Besides, he says, his son, greg, could always
be trusted.
|
| 00:08:27 | I never saw anything like this in the future,
never had -- no indicators.
|
| 00:08:33 | Lagattuta: Yet, if the 4th of july
got out of hand at don haidl's house,
no one could predict what would happen the
rext night
and how it would ruin so many liits.
|
| 00:08:43 | Yet the proof, or lack of it,
would be right there on videotape
in greg haidl's camera.
|
| 00:08:49 | Lagattuta: Did you ever regret making the
tape?
|
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| 00:13:21 | Lagattuta: For greg haidl,
july 5th arrived at newport beach like a
hangover.
|
| 00:13:28 | What was the 17-year-old thinking the night
before
when he claims to have had sex
with a 16-year-old girl he barely knew?
|
| 00:13:36 | Pretty much just, yeah, I mean, intercourse
with a girl,
so of course -- I'm a guy, of course, it's
good, you know?
|
| 00:13:42 | And she wanted to do this?
|
| 00:13:44 | Oh, yeah. 100% willing.
|
| 00:13:47 | Lagattuta: But he claims
IT WASN'T TILL LATER THE MORNING OF THE 5th,
When he spoke with his buddies keith and
kyle,
that he realized just how wild the night
had been.
|
| 00:13:56 | They all claimed to have had sex with the
same girl.
|
| 00:14:00 | Yeah, I thought I was the only one,
but all three of us thought we were the only
one.
|
| 00:14:04 | How'd you feel about her?
|
| 00:14:05 | Actually, I was kind of angry.
|
| 00:14:06 | Lagattuta:reall
angry,
or even embarrassed, they quickly got over
it.
|
| 00:14:12 | BY NIGHTFALL JULY 5th, THEY WERE READY TO
Party again.
|
| 00:14:16 | And a phone call went out to the girl from
the night before.
|
| 00:14:22 | JULY 5th, KYLE HAD CALLED HER.
|
| 00:14:25 | To come back?
|
| 00:14:26 | Asked her if she wanted to come back and
hang out.
|
| 00:14:28 | Lagattuta: The girl was intrigued enough
by the invitation to pass it along to her
girlfriends,
including jenna.
|
| 00:14:34 | We'd been there the night before.
|
| 00:14:36 | It was more of a 4th of july thing.
|
| 00:14:38 | Like, it wasn't, like,
something that we wanted to do again the
night after.
|
| 00:14:41 | In about 45 minutes, we got a call,
and she said, "oh, I'm just coming down by
"
"
Lagattuta: So around midnight,
the girl greg and his buddies were waiting
for
got in her car alone.
|
| 00:14:56 | Telling her parents
she was spending the night at a girlfriend's
house,
she drove 35 miles from san bernardino to
newport beach.
|
| 00:15:04 | Did you all think, "well, here, she's coming
again.
|
| 00:15:07 | "
yeah, I think that thought did cross through
our minds.
|
| 00:15:12 | We're teenage guys. we're 17.
|
| 00:15:14 | Male to think that.
|
| 00:15:15 | Lagattuta: Greg, keith, and kyle were in
don haidl's garage,
where there was plenty of cold beer.
|
| 00:15:23 | I probably drank about a 12-pack.
|
| 00:15:25 | 12-Pack of beer?
|
| 00:15:27 | Well, between each of us,
we probably drank somewhere around there.
|
| 00:15:29 | So when she showed up, you guys were pretty
hammered?
|
| 00:15:32 | Oh, we were completely drunk.
|
| 00:15:33 | We stayed home that whole day, never left
the house.
|
| 00:15:37 | Lagattuta: While all that was happening,
don haidl and his wife, cathy, were in the
main house.
|
| 00:15:43 | They were gonna play pool for a little bit,
mess around, go to bed also.
|
| 00:15:47 | The bottom line with us is,
we think if the kids are here, under our
control,
under our supervision,
that there's a better chance they're gonna
be safe.
|
| 00:15:56 | But with don and cathy
once again leaving the kids on their own
and turning in,
trouble began
as soon as the girl walked into the haidl's
garage.
|
| 00:16:07 | And what did she say?
|
| 00:16:07 | "Hey, guys. how's it going? blah, blah, blah.
|
| 00:16:09 | "
and?
|
| 00:16:13 | And she got her beer,
and she got her drink, and she drank it,
and then everything had happened.
|
| 00:16:21 | Lagattuta: Then, in a decision that would
change everything,
one of the boys reached for greg's camera
and began filming -- all of it.
|
| 00:16:30 | A word of caution --
you're about to hear a graphic description
of what happened.
|
| 00:16:36 | Who decided to make a video of this?
|
| 00:16:38 | I'm not sure who picked it up.
|
| 00:16:39 | You thought, "if we're gonna do this, we'll
get it on tape"?
|
| 00:16:43 | Yeah, it is all on tape.
|
| 00:16:46 | Lagattuta: Teenage sex with the same girl,
only this time, the boys were all together.
|
| 00:16:53 | She had the drink,
and then she just started taking off her
..
|
| 00:16:59 | Just pretty much saying, "oh, yeah.
|
| 00:17:01 | "
and you took that to mean
she wants to have sex with all three of you?
|
| 00:17:07 | That's exactly what she meant by it.
|
| 00:17:09 | "So let's go ahead"?
|
| 00:17:12 | Yeah.
|
| 00:17:12 | Lagattuta: In the garage was a pool table,
like this one.
|
| 00:17:17 | The girl was sprawled on top of it,
and the sex was far from ordinary.
|
| 00:17:23 | What did you guys do?
|
| 00:17:25 | Kinky sexual acts.
|
| 00:17:27 | There was different objects.
|
| 00:17:31 | What made you guys think of doing that?
|
| 00:17:35 | Curious guys, I guess -- curious drunk kids.
|
| 00:17:38 | Lagattuta: From his point of view,
greg and his friends and the girl herself
all knew what they were getting into.
|
| 00:17:45 | And she was okay with that? yes.
|
| 00:17:47 | And you're sure of that? yes.
|
| 00:17:49 | Lagattuta: Greg haidl says
the girl consented to the whole thing.
|
| 00:17:53 | You do know if a woman says, "no,"
you're supposed to stop?
|
| 00:17:58 | Definitely.
|
| 00:17:59 | Did she ever say, "no"?
|
| 00:18:00 | Not one time.
|
| 00:18:01 | Sometime before dawn,
keith drove the new girl back to san bernardino,
and that might have beenthe end of the story,
except greg haidl got careless.
|
| 00:18:12 | The next day, he took the tape they had made
to another friend's house, and he left it
there.
|
| 00:18:17 | A girl who was staying at the house watched
the tape,
was horrified,
and showed it to a neighbor, who happened
to be a cop.
|
| 00:18:26 | They thought, "this is disgusting.
|
| 00:18:28 | "
Lagattuta: The tape and camera would eventually
make their way
to orange county prosecutor dan hess.
|
| 00:18:36 | You couldn't imagine this being a film, an
act of passion,
an act of sexual gratification.
|
| 00:18:42 | It's a crime.
|
| 00:18:43 | Lagattuta:..
|
| 00:18:46 | ..
|
| 00:18:47 | And kyle nachreiner would each be arrested
and charged with 24 felony counts against
the girl,
"
and they will be tried as adults,
..
|
| 00:19:04 | ...Something don haidl can't bear to think
about.
|
| 00:19:06 | Don: his life could
end in prison.
|
| 00:19:10 | This kid is not a kid that could survive
in that system.
|
| 00:19:14 | Lagattuta: Don haidl knows
a thing or two about prison and what goes
on inside.
|
| 00:19:19 | That's because
after he made his fortune in the auction
..
|
| 00:19:22 | Woman: Sheriff haidl, headquarters is on
the phone.
|
| 00:19:25 | Lagattuta:..Don haidl became
assistant sheriff of orange county,
the number-two man in the department.
|
| 00:19:30 | I'm what these people consider a high-profile
name.
|
| 00:19:34 | Lagattuta: As a well-known public figure
in orange county,
charged with enforcing the law,
haidl is convinced the case isn't about his
son at all.
|
| 00:19:43 | It was a big case from the start because
of who I am.
|
| 00:19:46 | Lagattuta: Now the alleged gang rape
was not just front-page news.
|
| 00:19:51 | It was a full-blown scandal.
|
| 00:19:57 | But for the girl known as jane doe,
the case wasn't abou.politics.
|
| 00:20:01 | It was aboutrape.
|
| 00:20:04 | They did the crime.
|
| 00:20:05 | They got to pay the consequences.
|
| 00:20:07 | They've ruinedmylife,
and, you know, they've ruinedtheirs too.
|
| 00:20:12 | They just haven't paid for it yet.
|
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| 00:24:18 | ♪♪ Lovely lady ♪♪
|
| 00:25:16 | Lagattuta: This is jane doe.
|
| 00:25:22 | Doe: All that's on my mind is the rape,
and I feel like I can't think of anything
else.
|
| 00:25:27 | And it's really hard. it's really hard.
|
| 00:25:32 | Lagattuta: Two years after
that notorious 4th of july weekend in newport
beach,
she remains in the shadows,
afraid to show the world her face.
|
| 00:25:43 | Jane doe agreed to speak out for the first
time,
as long as she could remain in the shadows.
|
| 00:25:49 | Lagattuta: How do you feel about doing this
interview?
|
| 00:25:52 | I was a little hesitant at first
because after everything that's gone on,
it's very hard for me to trust anybody.
|
| 00:26:00 | Lagattuta: It wasn't always that way.
|
| 00:26:02 | As a child growing up in san bernardino,
she loved to dance and ride horses.
|
| 00:26:07 | She was a straight-a student with a love
of life.
|
| 00:26:12 | Doe: I made everyone laugh.
|
| 00:26:13 | I had the humor. I was outgoing.
|
| 00:26:15 | Everyone always said that I was always fun
to be around
'cause I kept everyone entertained.
|
| 00:26:21 | Lagattuta: Tell me about your daughter.
|
| 00:26:24 | What kind of person is she?
|
| 00:26:25 | Man: Strong. honest.
|
| 00:26:27 | Bright. dependable.
|
| 00:26:29 | Intelligent.
|
| 00:26:30 | Good girl.
|
| 00:26:35 | But about four months before the events of
that july 4th weekend,
jane doe fell in with a new group of friends.
|
| 00:26:43 | I wasn't crazy about them.
|
| 00:26:45 | Overnight, it seemed,
this well-behaved daughter began to change.
|
| 00:26:48 | she was going
to more parties.
|
| 00:26:52 | She was seeing a different group of boys.
|
| 00:26:54 | You didn't like this, didn't care for this.
|
| 00:26:57 | No.
|
| 00:26:57 | What was it about you that made you change
and want to be with these people?
|
| 00:27:02 | I fell into that crowd because that crowd
treated me --
you know, like, I was the center of everyone's
attention.
|
| 00:27:12 | Lagattuta: Alcohol, drugs, and sex
may have been part of this new scene,
but jane doe says her behavior was nothing
out of the ordinary.
|
| 00:27:21 | Doe: I wasn't out there
having sex with all these different guys
like people try and make it seem.
|
| 00:27:25 | I wasn't out there doing all these drugs.
|
| 00:27:28 | You know, I was a good kid,
and, yeah, I went to parties, you know?
|
| 00:27:31 | But I didn't do anything wrong.
|
| 00:27:34 | Lagattuta: Jane doe wouldn't talk about july
4th,
Except to say she didn't have sex with all
three boys,
only two of them.
|
| 00:27:42 | NOR WOULD SHE TALK ABOUT JULY 5th,
Except to say she was a victim.
|
| 00:27:47 | Why did you go there that night?
|
| 00:27:48 | I went there that night because I was seeing
one of the guys.
|
| 00:27:53 | I wanted to go see him.
|
| 00:27:57 | These guys were my friends. I trusted them.
|
| 00:28:00 | Never, ever would I have imagined
that they could even think
of doing something to me like they did.
|
| 00:28:06 | Lagattuta: Jane doe claims she got too drunk
to even function
and never consented
to any of the acts that take place on the
videotape.
|
| 00:28:15 | Under california law, that constitutes rape.
|
| 00:28:19 | Doe: It wouldn't have mattered,
even if I was a prostitute on a street corner
that they picked up and brought me home with
them that night.
|
| 00:28:28 | I was passed out, and never was there consent.
|
| 00:28:32 | And that's all it is.
|
| 00:28:34 | They raped me, and it's right there on the
videotape.
|
| 00:28:37 | Jane doe concedesthat without that tape,
she might never have eventhought she had
been raped.
|
| 00:28:40 | Sh
she says the day after theincident here in
haidl's garage,
she didn't remember a thing.
|
| 00:28:47 | But if she was worried or sensed that something
bad had happened,
she didn't mention it to her parents.
|
| 00:28:54 | Her father was the first person to find out,
several days later, when he was told by the
police.
|
| 00:29:01 | Phone rang early in the morning, woke us
up.
|
| 00:29:03 | The detective on the other end described
himself
and asked us if our daughter was okay.
|
| 00:29:08 | "
and he said, "we believe she was a victim
"
it sickened me. I was sick to my stomach.
|
| 00:29:17 | Wh would they do that? ho could they do that?
|
| 00:29:20 | Lagattuta: The cops began telling jane doe
about the tape
and soon went looking for greg haidl.
|
| 00:29:26 | They found him at his father's house and
..
|
| 00:29:30 | "
puts me in back of the car,
tells me that there's a newspaper here
and I can duck if I want to.
|
| 00:29:37 | ..
|
| 00:29:38 | Because -- so they couldn't get pictures
of me.
|
| 00:29:41 | There were news cameras out here?
|
| 00:29:43 | Yes, because my father's political.
|
| 00:29:45 | Public figure, and here's his son
being taken away, charged with rape.
|
| 00:29:51 | Yes.
|
| 00:29:52 | What are we learning?
|
| 00:29:53 | Lagattuta: Don haidl says his son, greg,
was way out of line but committed no crime.
|
| 00:29:57 | Don: I don't condone what
happened.
|
| 00:30:01 | What is it exactly that bothers you the most?
|
| 00:30:03 | The fact that it happened at all,
the fact that it happened here.
|
| 00:30:07 | Are you one chapter ahead of schedule here
on this or two?
|
| 00:30:10 | One.
|
| 00:30:11 | Lagattuta: But as angry as he was with greg,
he was equally sure his son's case
was being blown way out of proportion by
..
|
| 00:30:18 | It was being made a big-fish-type celebrity
case,
right from the start.
|
| 00:30:24 | Lagattuta:..And by the district attorney.
|
| 00:30:26 | These type of cases mean career advancement
for a lot of people.
|
| 00:30:31 | Well, that's preposterous and nonsense.
|
| 00:30:34 | This girl is someone's daughter,
someone's niece, someone's friend.
|
| 00:30:38 | Lagattuta: tony rauckakas
denies he's coming down hard on greg haidl
just to prove that an assistant sheriff's
son
doesn't get special privilege.
|
| 00:30:45 | The defendant is being treated like any other
defendant.
|
| 00:30:48 | Lagattuta: Rauckakas says this is simply
about the tape.
|
| 00:30:52 | Rauckakas: It's what can be seen that is
charged.
|
| 00:30:54 | You see the crimes happening, so it's the
core evidence.
|
| 00:30:58 | It's the key to the case.
|
| 00:31:06 | Lagattuta: As the case headed to court,
it took on all the familiar trappings
of a hollywood legal drama.
|
| 00:31:12 | It's not about prosecutions anymore in that
office.
|
| 00:31:15 | It's about politics and "how can we make
sure
"
Lagattuta: Don haidl's money would buy greg
his own dream team,
led by attorneys peter scalese and joe cavallo.
|
| 00:31:28 | Cavallo: Most parents across this country
would be proud to have a son like gregory
haidl.
|
| 00:31:33 | Lagattuta: The defeepared
..
|
| 00:31:37 | ..
|
| 00:31:39 | Cavallo: This was a young lady who was out
of control.
|
| 00:31:41 | She was spinning out of control like a tornado
--
taking everything in its path.
|
| 00:31:45 | Lagattuta:..And raise several doubts about
the videotape,
beginning with what it really showed.
|
| 00:31:51 | She did many, many things on that tape
to express that she was aware, awake, knew
what was going on.
|
| 00:31:59 | Dan hess, deputy district attorney for the
people.
|
| 00:32:02 | Lagattuta: Prosecutor dan hess saw
a different girl on that tape.
|
| 00:32:06 | Hess: she can't lift up
her head.
|
| 00:32:09 | She can't control her movements.
|
| 00:32:10 | She's flat-out unconscious, and she's a rag
doll.
|
| 00:32:15 | Lagattuta: There was one thing
both defense and prosecution agreed on.
|
| 00:32:19 | With the maximum sentence of 55 years each,
the three 17-year-old boys --
..
|
| 00:32:26 | ..
|
| 00:32:27 | And greg haidl --
were in a fight for their lives.
|
| 00:32:30 | Lagattuta: You're facing life behind bars.
|
| 00:32:34 | What do you think about that?
|
| 00:32:38 | I think that it's not even possible.
|
| 00:32:42 | I don't even understand how it got to this
point,
to where it is today.
|
| 00:32:47 | Don: We were concerned about him being suicidal.
|
| 00:32:51 | He had told myself and a couple other people
if he has to go to prison for the rest of
his life,
he can't do that, he'll have to kill himself.
|
| 00:32:58 | And that just tore me up.
|
| 00:33:10 | Lagattuta: Greg haidl's case
would force much of orange county
..
|
| 00:33:17 | ...And the values of its children.
|
| 00:33:20 | Kfi a.m. 640 -- more stimulating talk radio.
|
| 00:33:23 | "
Lagattuta: Popular radio hosts john and ken
led the charge.
|
| 00:33:27 | How many 16-year-old boys end up
being accused of raping a girl unconscious
on a pool table?
|
| 00:33:33 | And where in society are we gettingthatmessage?
|
| 00:33:36 | tha
scene.
|
| 00:33:39 | Lagattuta: One thing greg haidl had to do
now,
as he prepared to go on trial for his life,
was to stay on his absolute best behavior.
|
| 00:33:49 | [ Siren wails ]
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|
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|
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|
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|
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|
| 00:37:06 | V8. what's your number?
|
| 00:37:58 | Nearly two years after their arrest,
the three boys accused
of sexually assaulting a female friend
finally had a date in court.
|
| 00:38:07 | Would a jury see
the video of their encounter with jane doe
their way,
or would it agree with the prosecution
and send them to jail for years?
|
| 00:38:16 | A lot hinged
on their own behavior leading up to the trial.
|
| 00:38:20 | Bill lagattuta picks up the story.
|
| 00:38:25 | Gail: And so it's just an exciting day for
all of us.
|
| 00:38:28 | I love you.
|
| 00:38:29 | Lagattuta: For greg haidl's parents,
today was a day they had long waited for.
|
| 00:38:34 | Every parent looks forward to graduation.
|
| 00:38:36 | That's real important.
|
| 00:38:37 | Greg: Today's actually
the first time in a while that I've been
happy.
|
| 00:38:39 | Be
or I feel it's okay to have a smile on my
face,
considering what's hanging over my head.
|
| 00:38:45 | Lagattuta: Nearly a year after his arrest,
greg completed his high-school requirements
..
|
| 00:38:51 | [ Bagpipes and drums playing ]
...and so marched with a class of strangers.
|
| 00:38:56 | Greg: I'm nervous, just because I don't really
know anybody.
|
| 00:39:00 | Greg haidl.
|
| 00:39:00 | Don: He's the only one in those thousands
--
1,000 kids out here today --
that's wondering if he has a future.
|
| 00:39:07 | Lagattuta: Greg's future will have to wait.
|
| 00:39:09 | Congratulations, baby doll.
|
| 00:39:11 | First, he must face trial for rape,
all because of what happened that july 4th
weekend, 2002,
at his father's newport beach house.
|
| 00:39:21 | Four kids drinking and making stupid decisions.
|
| 00:39:24 | Now, as you look back with a clearer head,
what do you think about what you guys did?
|
| 00:39:28 | we messed
up badly.
|
| 00:39:34 | Lagattuta: Very poor judgment, but not rape,
according to greg's father, assistant sheriff
don haidl.
|
| 00:39:40 | I know gregory, and I know this kid
wouldn't jaywalk the rest of his life after
this.
|
| 00:39:45 | Lagattuta: What kind of kid is greg haidl
really?
|
| 00:39:48 | Man: haidl, step out here
while these guys sit in the car.
|
| 00:39:51 | As the trial neared,
the signals he'd send would be far from clear.
|
| 00:39:55 | Whose dope is sitting right there in the
seat?
|
| 00:39:57 | Man #2: 18-Year-old gregory haidl
has just been stopped in san clemente
for allegedly having marijuana.
|
| 00:40:03 | Once again, greg would find himself on-camera,
only this time, the camera belonged to the
police.
|
| 00:40:09 | Greg: I don't know if you're aware
my dad's the assistant sheriff.
|
| 00:40:13 | Don haidl.
|
| 00:40:13 | Man: I know who he is.
|
| 00:40:14 | I'm sure you're aware of the mess I'm in.
|
| 00:40:17 | ..
|
| 00:40:18 | I'm well aware of it.
|
| 00:40:19 | ...But the incident would lead to charges
and countercharges --
that don haidl gets special treatment,
that greg haidl is just plain no good.
|
| 00:40:26 | ..
|
| 00:40:28 | Man: Do you feel there was preferential treatment?
|
| 00:40:30 | Lagattuta:..Were unforgiving when it came
to the haidls.
|
| 00:40:33 | Man: what are your feelings about all
this?
|
| 00:40:36 | Stop harassing my son.
|
| 00:40:36 | Was greg haidl truly being harassed?
|
| 00:40:39 | Or are the charges against him and his pals
justified?
|
| 00:40:44 | As this case heads to trial,
the jury will be asked to decide one thing
and one thing only.
|
| 00:40:49 | Not whether what the boys did was tasteless
--
group sex, foreign objects, videotape --
..
|
| 00:40:58 | Did jane doe consent?
|
| 00:41:02 | The jurors would reflect orange county --
a mix of conservatives and liberals.
|
| 00:41:08 | Marzena, a businesswoman with two children,
including a teenage daughter.
|
| 00:41:12 | I can't believe 16-year-olds could even think
of doing this.
|
| 00:41:18 | .Up-tempo music playin ]
Lagattuta: There's michael,
who works the electronics counter at a department
store.
|
| 00:41:23 | But it's improper for people to judge a situation
when they simply don't know the facts behind
it.
|
| 00:41:28 | Lagattuta: Jeff, a salesman.
|
| 00:41:30 | Jeff: I think they're troubled kids,
and they were involved in a circumstance
with another troubled teenager, jane doe.
|
| 00:41:35 | And the two of them colliding produced some
terrible things.
|
| 00:41:40 | Lagattuta: And carolyn, single, a fitness
trainer.
|
| 00:41:43 | But for me, it just all came down to the
video.
|
| 00:41:45 | Lagattuta: They and the rest of their fellow
jurors
would look at that tape and decide the fate
of greg haidl, keith spann, and kyle nachreiner.
|
| 00:41:54 | All are facing the possible sentence of 55
years.
|
| 00:41:58 | I hope we end up with 12 reasonable people.
|
| 00:42:03 | Lagattuta: The day has arrived.
|
| 00:42:07 | Just nervous, scared, I guess.
|
| 00:42:09 | I just don't know what's gonna happen.
|
| 00:42:12 | Lagattuta: The trial begins.
|
| 00:42:13 | The evidence in this case that will prove
them guilty
is the videotape.
|
| 00:42:18 | All 24 counts that the defendants are charged
with
are on the videotape.
|
| 00:42:22 | Lagattuta: Prosecutor dan hess.
|
| 00:42:24 | Hess: That these three men, the defendants,
raped and sexually assaulted a 16-year-old
girl,
who was so intoxicated
that she couldn't fight back and she couldn't
"
they didn't harm her. they didn't hurt her.
|
| 00:42:38 | They didn't abuse her.
|
| 00:42:40 | And I challenge the prosecutor --
I challenge the prosecutor to show me one
part of this tape --
one part of this tape --
where this girl was held down by force.
|
| 00:42:48 | Lagattuta: The issue of force cuts to the
heart
of what happened in don haidl's garage
and whether jane doe was aware of any of
it.
|
| 00:42:56 | Was she fully conscious the whole time?
|
| 00:42:58 | Yeah, she was drunk, but she was fully conscious.
|
| 00:43:01 | She's flat-out, on her back, unconscious.
|
| 00:43:04 | She's unable to think, unable to talk,
unable to control her body in any way.
|
| 00:43:11 | Lagattuta: From the moment the jury first
..
|
| 00:43:14 | You're not gonna like looking at it.
|
| 00:43:15 | Lagattuta:..It was clear this would be
a tough call.
|
| 00:43:19 | But there wasn't gonna be
anything that changed the way I saw it.
|
| 00:43:21 | But it did appear in very many scenes
that she was participating and knew what
was going on.
|
| 00:43:27 | Lagattuta: The defense lawyers would offer
..
|
| 00:43:30 | The 4th of july weekend, and let me tell
you, it's time to party.
|
| 00:43:33 | Lagattuta:..That jane doe went looking
for trouble
that 4th of july weekend
and got exactly what she wanted on the 4th
and again when the boys invited her back
the very next night.
|
| 00:43:43 | Cavallo: "I get to be with these three boys
"i was with the night before, all alone,
"
Lagattuta: Cavallo and the rest of the defense
team would claim
that jane doe had even made sex videos on
other occasions
and then boasted about it.
|
| 00:43:57 | And she considered herself a porn star.
|
| 00:44:00 | "
is that something you want to be?
|
| 00:44:05 | No.
|
| 00:44:05 | That's not true? no.
|
| 00:44:06 | That was another one of their lies that they
tried to use.
|
| 00:44:09 | Just because she went up there by herself
with those three guys
does not give those guys an invitation to
re e her.
|
| 00:44:15 | Lagattuta: Jane doe's lawyer, sheldon lodner,
says
n
haidl's legal team tried to paint the girl
as a participant in her own rape.
|
| 00:44:21 | put the
victim on trial.
|
| 00:44:24 | Lagattuta: In fact, some of the toughest
words
came from jane doe's own girlfriends --
vanessa and jenna -- who would testify at
trial
about what she had told them shortly after
..
|
| 00:44:35 | She's not a completely innocent person.
|
| 00:44:37 | Lagattuta:..Before police had ever informed
her
about the existence of the videotape.
|
| 00:44:43 | Did you get the idea that she had
a pretty good recollection of what had happened,
or did it seem foggy?
|
| 00:44:49 | It seemed foggy, but it wasn't --
it wasn't any foggier than any other time
she'd been drinking and didn't know what
she had done.
|
| 00:44:56 | Did she indicate in any way, shape, or form
that she thought she'd been taken advantage
of?
|
| 00:45:00 | No, not at all.
|
| 00:45:01 | Did she say she'd been raped? not at all.
|
| 00:45:03 | They could just get up on the stand and lie
like they did.
|
| 00:45:07 | It hurt. it hurt a lot.
|
| 00:45:11 | Lagattuta: What she couldn't rememberthen
she says,
now --
she was brutalized.
|
| 00:45:18 | Rape is not something that is consensual,
is not something that the victim asks for.
|
| 00:45:25 | It is completely a violent crime.
|
| 00:45:28 | It is rape.
|
| 00:45:29 | Kfi a.m. 640 -- more stimulating talk radio.
|
| 00:45:32 | "
Lagattuta:..
|
| 00:45:34 | What else happened in the courtroom today?
|
| 00:45:36 | Lagattuta:..And often made the front page.
|
| 00:45:38 | ..
|
| 00:45:40 | Harold, it was quite a day.
|
| 00:45:41 | Lagattuta:..And talk radio...
|
| 00:45:42 | I've had it with this guy.
|
| 00:45:43 | Lagattuta:..Played it up big.
|
| 00:45:44 | I think everything out of don haidl's mouth
is a pile of crap.
|
| 00:45:49 | Lagattuta:..
|
| 00:45:52 | Very nervous.
|
| 00:45:53 | Lagattuta:..Pray...
|
| 00:45:54 | Kyle: The jury's deliberating.
|
| 00:45:55 | I just hope god's looking upon every one
of them.
|
| 00:45:57 | Lagattuta:..And watch the clock,
as the one group that mattered most
took this case behind closed doors.
|
| 00:46:03 | Marzena: It was really overwhelming to go
in there,
to finally be able to talk about this case
to your fellow jurors
and knowing what everyone's thoughts were.
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| 00:51:03 | Kyle: [ Voice breaking ] it's like playing
russian roulette.
|
| 00:51:06 | You don't even know what the outcome's going
to be.
|
| 00:51:10 | Don't know if there's a bullet in that chamber.
|
| 00:51:12 | That's what it feels like.
|
| 00:51:15 | Keith: I'm just hopeful that this is over
..
|
| 00:51:21 | So I can get started on my life.
|
| 00:51:23 | Lagattuta: Two years after being charged
with raping jane doe,
three boys face the longest days of their
young lives
as the case heads to the jury.
|
| 00:51:35 | Greg: Hopefully, they'll just see me as a
person
and not this horrible animal
that I've been portrayed as for the last
two years.
|
| 00:51:44 | [ Voice breaking ] I'VE NEVER BEEN SO SCARED.
|
| 00:51:53 | Lagattuta: Waiting for the verdict,
..
|
| 00:51:58 | If something happened to me, you kind of
say, you know,
"
when you think something could happen to
one of your kids,
there is no being okay with that.
|
| 00:52:12 | Lagattuta:..Parents afraid
their sons will come apart emotionally,
then be locked away for life.
|
| 00:52:18 | Gail: [ Voice breaking ] this is unbearable.
|
| 00:52:20 | This is like somebody just knocked all life
out of you.
|
| 00:52:25 | I'm afraid.
|
| 00:52:26 | Lagattuta: But the girl known as jane doe
showed no sympathy at all for the boys.
|
| 00:52:32 | How can you not convict them as guilty?
|
| 00:52:33 | You think 12 people are gonna look at that
tape
and have no doubt in their minds that this
was rape
and not some consensual activity?
|
| 00:52:40 | Yeah, it was completely obvious I was passed
out.
|
| 00:52:43 | So, was what happened here a crime?
|
| 00:52:46 | It took the jury three days of deliberations
before greg haidland his two friends,
their families,and all the attorneys
were summoned back to court.
|
| 00:52:56 | An announcementwas about to be made,
and it would stun nearly everyone.
|
| 00:53:09 | This court is finding that it would not be
productive
to continue their deliberations further.
|
| 00:53:18 | Lagattuta: The 12 citizens of orange county
could not reach a unanimous verdict.
|
| 00:53:24 | It was a mistrial.
|
| 00:53:26 | Gail: [ Voice breaking ] all you can do
is get on my hands and knees
and thank god that I got my son back.
|
| 00:53:34 | [ Sobbing ]
for once, I have a feeling that's like, "yeah,
yes,"
walking out of the courtroom and know for
a little while
you're not going to jail, which I haven't
had for two years.
|
| 00:53:45 | it's definitely
amazing.
|
| 00:53:50 | [ Sobbing ]
Man: It's considered a mistrial, same thing
as a hung jury.
|
| 00:53:55 | [ Sobbing continues ]
Lagattuta: What happened in that jury room?
|
| 00:54:01 | Carolyn: We were just so at odds,
and we had such different opinions
that it was kind of frustrating.
|
| 00:54:08 | Marzena: It was amazing how many people didn't
see
certain stuff in the tape that others did.
|
| 00:54:14 | Lagattuta: Ironically,
it was the tape that worked in the boys'
defense.
|
| 00:54:18 | We saw movements that were consistent
with being at a level of consciousness
that showed that she was actively participating.
|
| 00:54:26 | Instead of pushing away, there was movements
of acceptance.
|
| 00:54:30 | And there's a pillow under her head.
|
| 00:54:33 | It's very hard for me to think
that somebody who was gang-raping someone
would think of making them comfortable,
to put a pillow under their head.
|
| 00:54:42 | Lagattuta: In fact, on the first count,
the jurors were 11-to-1 in favor of acquitting
the boys
but couldn't get any further
because one of the jurors, carolyn, refused
to back down.
|
| 00:54:54 | She was not participating.
|
| 00:54:56 | Her level of consciousness
was not that of what I have ever seen
of any normal sexual act -- ever.
|
| 00:55:04 | ..
|
| 00:55:09 | On the "not guilty" side
weren't thinking about their own sons.
|
| 00:55:13 | You take a kid that's 19 now.
|
| 00:55:15 | He's gonna be 75 years old when he gets out
of there.
|
| 00:55:20 | The reality is
that they needed to watch the evidence and
apply the law,
and I don't think they did that.
|
| 00:55:26 | Lagattuta: The jury did agree on one thing.
|
| 00:55:29 | What did you think of these boys?
|
| 00:55:32 | Not much.
|
| 00:55:32 | I wanted to jump over the table and spank
all three of them.
|
| 00:55:38 | ..
|
| 00:55:41 | Everyone involved.
|
| 00:55:46 | Lagattuta: The trial that riveted orange
county was over,
..
|
| 00:55:52 | And no winners.
|
| 00:55:55 | For greg haidl,
any relief he had at the outcome didn't last
long.
|
| 00:56:00 | One week after the mistrial, he was arrested
for the statutory rape of another 16-year-old
girl,
but the case that first got him into trouble
went back to trial again in 2005.
|
| 00:56:12 | This time, the jury saw things differently.
|
| 00:56:15 | It found haidl, kyle nachreiner,and keith
spann
guilty of sexual assault.
|
| 00:56:21 | The three were each sentenced asadults to
six years in prison.
|
| 00:56:25 | They could get out earlyfor good behavior,
but they will always be brandedas sex offenders.
|
| 00:56:32 | And what about jane doe?
|
| 00:56:32 | Well, she was arrested forpossession of methamphetamines
soon after the first trial.
|
| 00:56:38 | She has sincegone through rehab,
and in 2006,
she sued the defendantsand don haidl, greg's
father,
for $26 million.
|
| 00:56:48 | Thanks for joining us.
|
| 00:56:48 | hard evidence,"i'm maureen
maher.
|
| 00:57:10 | Man: I don't think anyone has a conclusion
to this story yet.
|
| 00:57:13 | It's about a little girl that goes missing,
and I don't think anyone knows for sure what
happened to her.
|
| 00:57:20 | Marlene: Sabrina, come crawl to mommy.
|
| 00:57:22 | She had just started to crawl.
|
| 00:57:23 | She could not get out of the crib herself.
|
| 00:57:25 | there she
goes.
|
| 00:57:30 | My baby's been kidnapped!
|
| 00:57:31 | It's the most horrific thing you can imagine,
looking into your child's crib and not seeing
her there.
|
| 00:57:39 | [ Thunder crashes ]
every night, I kick myself
because we didn't use an alarm and we had
one.
|
| 00:57:48 | Every night.
|
| 00:57:49 | But I'm not going to dwell on it.
|
| 00:57:52 | [ Siren wails ]
if the aisenbergs are telling the truth,
you have to believe that someone walked into
their house
in the middle of the night to where baby
sabrina was sleeping,
plucked her out of a crib, and vanished forever.
|
| 00:58:05 | And we need her back in our family where
she belongs.
|
| 00:58:11 | And I know she's out there.
|
| 00:58:13 | I think that steve and marlene
know more than what they're saying.
|
| 00:58:15 | Police are like, "we believe you know where
sabrina is
"
"
and the next thing I know
is there's a gun being pointed right at my
face.
|
| 00:58:27 | Well, at some point, it became just like
a soap opera.
|
| 00:58:31 | Where is your daughter?
|
| 00:58:31 | Not only has our daughter been taken from
us,
but they tried to destroy everything about
our family.
|
| 00:58:37 | Can you tell us where sabrina is?
|
| 00:58:39 | It hurts.
|
| 00:58:40 | She's 7 years old, and she's not home yet.
|
| 00:58:42 | That kills me.
|
| 00:58:47 | Maher: hard
"
--Captions by VITAC--www.vitac.com
Captions paid for bydiscovery communications,
inc.
|
| 00:59:06 | "
I'm maureen maher.
|
| 00:59:10 | When marlene aisenberg woke up one morning,
she knew instantly that something was wrong.
|
| 00:59:15 | She checked on her children and saw an empty
crib.
|
| 00:59:19 | Her baby, sabrina, was missing.
|
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